S413 of 2003 v Refugee Review Tribunal [2004] FCA 669

The affidavit filed in support of the draft order nisi disclosed no basis on which relief could be granted, so the application for an order nisi was refused. Because the matter had been remitted by consent without the question of refusal of an order nisi being raised, no order as to costs was made.

Jurisdiction: Australia
Judgment Date: 09 February 2004
Procedural Posture: Application for an Order Nisi Seeking Constitutional Writ Relief in Respect of a Refugee Review Tribunal Decision / On Remittal From the High Court of Australia; Listed for Directions
Outcome: Application for an order nisi refused; no order as to costs.
Legal Topics: ['refugee Review Tribunal Decision' 'constitutional Writ Relief' 'order Nisi' 'remittal From High Court of Australia']

['administrative Law' 'migration Law'] ['refugee Review Tribunal Decision' 'constitutional Writ Relief' 'order Nisi' 'remittal From High Court of Australia']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for an Order Nisi Seeking Constitutional Writ Relief in Respect of a Refugee Review Tribunal Decision / On Remittal From the High Court of Australia; Listed for Directions

Legal Issues

1 ['Whether the application and supporting affidavit disclosed a basis upon which relief could be granted or an order nisi made.' 'Whether costs should be ordered after refusal of the order nisi.']

Ratio Decidendi

Court Disposition

Application for an order nisi refused; no order as to costs.

Orders

['Order 51A r 5(1) of the Federal Court Rules not apply.' 'The application for an order nisi be refused.']